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94-1018_CC_Minutes_Regular Meetingu OCTOBER 18, 1994 REGULAR MEETING OF THE CITY COUNCII, OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Campbell at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church, ROLL CALL: PRESENT: Collett Campbell, Mayor Gil Jones, Council Member Jeff Vasquez, Council Member ABSENT: Gary L. Hausdorfer, Council Member Carolyn Nash, Council Member STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Dick Bobertz, Planning Manager; AI King, Jr., Director of Community Services; Sgt. Mike Tynes, Police Services; Nancy Bernardi, Recording Secretary. It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously carried that all Ordinances be read by title only. Mayor Campbell introduced the following Commission representatives in attendance: John Greiner (Planning Commission), David Swerdlin (Mobile Home Park Review Committee), Lee Buser (Cultural Heritage Commission), and Bill Sonka and Mike Rosenberger (Transportation Commission). Mayor Campbell introduced Cheryl Johnson, City Clerk, and AI King, Jr., Director of Community Services, and described their duties and accomplishments. City Council Minutes 10/18/94 475 476 g.L610161YJ 0 Al Simmons, 32302 Alipaz Street, Space 135, President of the San Juan Capistrano Seniors Club, encouraged public attendance at the Hoedown scheduled for Saturday, October 22, 1994, from 1:00 to 6:00 p.m. at Descanso Park. He expressed appreciation to the City Council and staff for their support of the event. T FOR CROSSWALK/CROSSING GUARD (590.70 Rita Skora, 31942 Paseo De Elena, and Deborah Newland, 31956 Paseo De Elena, noted their letter addressed to the City Council requesting consideration to install a crosswalk, flashing light, and crossing guard at the west driveway at the Capistrano Valley Christian School on Del Obispo Street because of safety concerns with school children. Mayor Campbell confirmed that the Council had received and read the letter and recommended that the women meet with the City Manager to discuss a resolution to this matter. Lynn Dague, 31262 Calle San Juan, inquired about the effective date of the vending ordinance and whether vending out of personal vehicles had been addressed. Mr. Denhalter advised,that the Ordinance would become effective 30 days after its adoption, scheduled later on the agenda. He indicated that the issue of vending out of personal vehicles was addressed in the Ordinance and agreed to meet with Mr. Dague to discuss the matter. SAN JUAN INSTITUTE (600,20) Michael Berns stated that he was a former San Juan Capistrano resident and currently serves on the Board of the San Juan Capistrano Research Institute. He spoke regarding the value and integrity of the Institute and its benefits to the community, education, and the nation. Nannette Toland, 28882 Via Leona, expressed appreciation to the City for writing a letter to the County on behalf of homeowners who have been impacted by noise and odors from the greenwaste operation on La Pata. Daniel Poppa, 26552 Calle Santa Barbara, noted that several severe accidents have occurred at the intersection of Camino Capistrano and Oso Road from motorists traveling northbound on Camino Capistrano waiting to tum left onto Oso Road, and requested that the City reduce City Council Minutes -2- 10/18/94 CIA the hazard in some way. Mayor Campbell suggested that Mr. Poppa meet with the City Manager to work out a solution to the problem. CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Vasquez, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Members Hausdorfer and Nash • " $ •Wj&k811j01@j1NUV1l►ll _ 1 : C ul_ _W I I 04111N.T.2m 1 The Minutes of the Regular Meeting of September 20, 1994, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF M u1: 1 1994 The Minutes of the Regular Meeting of September 20, 1994, were approved as submitted. 3. UCEIVE AND FILE WARRANTS OF SEPTEMBER 28.1994 (300,30) The List of Demands dated September 30, 1994, in the total amount of $674,611.99 were received and filed. imel-IFE"I [oil The Report dated October 18, 1994, from the Planning Director, advising that no new development applications were received by the City since the last report of September 20, 1994, was received and filed. As set forth in the Report dated October 18, 1993, from the Director of Planning, the following Resolution was adopted approving the conceptual improvements to the northbound on-ramp to Interstate 5 at Ortega Highway: City Council Minutes -3- 10/18/94 RESOLUTION NO. 94-10-18-1. APPROVAL OF CONCEPTUAL IMPROVEMENT PLANS - ORTEGA HIGHWAY/I-5 NORTHBOUND ON-RAMP. CAPITAL IMPROVEMENT PROJECT 144 - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CONCEPTUAL IMPROVEMENT PLANS TO THE ORTEGA HIGHWAY/I-5 NORTHBOUND ON-RAMP TO INCREASE THE NORTHWEST CURB RETURN FROM ONE FOOT TO THIRTY-FIVE FEET As set forth in the Report dated October 18, 1993, from Douglas Dumhart, Management Assistant, the following Resolution was adopted authorizing Franciscan Plaza to place a street banner at the intersection of Del Obispo Street and Camino Capistrano announcing the arrival of Santa Claus by Amtrak train on November 25, 1994: ARRIVAL OF SANTA CLAUS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE PLACEMENT OF STREET BANNER WITHIN THE PUBLIC RIGHT-OF-WAY FOR FRANCISCAN PLAZA SUBJECT TO THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE SECTION 9-3.603(f)(15) ;• • • 1 _ ►I W-RIZENCOM, MR am ul__e•t The portion of this item relating to the design of drainage improvements on River Street west of Los Rios Street was removed from the Consent Calendar due to the abstention of Council Members Jones and Vasquez on this portion of the Agreement. The Council Members abstained due to the proximity of the project to their businesses/residences. Written Communications: Report dated October 18, 1994, from the Director of Engineering and Building, forwarding a Consultant Services Agreement with Centennial Engineering in an amount not to exceed $17,188.22, for the period ending March 31, 1995, for the design of drainage improvements at: 1) Camino Capistrano south of Junipero Serra Road; 2) Camino Del Avion at Alipaz Street; 3) Spring Street; and, 4) River Street west of Los Rios Street. Approval of Three Drainage Projects: Three of the drainage projects contained in the agreement with Centennial Engineering for design of the drainage improvements at: Camino Capistrano south of Junipero Serra Road; City Council Minutes -4- 10/18/94 479 Camino Del Avion at Alipaz Street; and, Spring Street, were approved as part of the Consent ' Calendar. Rescheduling of Drainage Project: The fourth drainage project contained in the Agreement, design of drainage improvements on River Street west of Los Rios Street, will be returned November 1, 1994, for consideration by a full Council. UZ �: •► •L• • I _•� I ► •11 Proposal: Consideration of a request by Concorde Development to revise previously approved conditions relating to soil subsidence for Vesting Tentative Tract Map 14398, an 87 -lot subdivision located at the northerly terminus of Camino Las Ramblas. The applicant proposed reducing the soil subsidence insurance amount from $1 million per lot to $1 million total, reducing the term from twenty years to one year, and using an out-of-state insurance carrier rather than a California carrier. ' Applicant: Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92715 Written Communication: Report dated October 18, 1994, from the Planner Director, recommending that the hearing be continued to allow the completion of a construction -level geotechnical analysis to determine the amount of risk of grading operations associated with subdivision improvements to the five existing homes located in Connemara. The results of this analysis would be evaluated by an independent City consultant and would determine the amount of surety. Mr. Tomlinson indicated that once the geological analysis was completed, the hearing would be re-agendized for Council consideration. Continuation of Public Hearin¢: Notice having been given as required by law, Mayor Campbell opened the Public Hearing. There being no response, it was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously carried to reschedule the public hearing upon completion of the geotechnical analysis. City Council Minutes -5- 10/18/94 M1 Proposal:� Consideration of an agreement between the City and Times Mirror Cable Television of Orange County, Inc. (Dimension Cable) to extend the existing franchise for a five-year period, subject to certain terms and conditions; and a draft Ordinance to regulate all cable operation in the City. The report advised that only Times Mirror Cable Television had expressed an interest in the City's cable television franchise. Written Communication: Report dated October 18, 1994, from the Director of Administrative Services, recommending that the request for a five-year extension of the existing franchise agreement with Dimension Cable be approved, and that the draft Ordinance regulating all cable operations in the City be introduced. The Report noted that upon execution of the Agreement, Times Mirror Cable is required to pay $167,214 to the City as a Settlement Payment for disputed and past -due franchise fees. Mary Laub, Management Assistant, made an oral presentation, noting the following terms that will modify the existing Franchise: (1) within the first 6 months of the agreement Times Mirror will upgrade its cable system; (2) within 1 year, cable service is to be extended to specified commercial areas in the downtown not currently served; (3) within 6 months cable service is to be extended to specified residential areas; (4) a Public Educational and Governmental Access grant will be provided to the City; (5) franchise fees will be set at 5% of gross annual revenue; (6) within 6 months cable service is to be extended to the City Hall complex, without charge; and, (7) on or before the effective date of the Agreement Times Mirror will pay the City $167,214 constituting satisfaction of a prior good faith disagreement. She noted that minor language revisions regarding pedestals would be incorporated into the final draft of the Ordinance for the second reading. Bill Marticorena, attorney from Rutan & Tucker representing the City in this matter, stated that Times Mirror indicated that the Settlement Payment would be made to the City upon execution of the Agreement. He noted that the current franchise expired within 2 days. Council Member Vasquez inquired whether the City could regulate, restrict, or censor certain programming offered by Dimension Cable and expressed concern that a channel such as the Spice Channel could inadvertently be viewed by children without parental knowledge. Mr. Marticorena indicated that under the First Amendment and the Cable Act programming composition could not be regulated; that censorship ability is limited to programming that is obscene. He recommended that since "scrambling" of the channel is often not completely effective, the City could consider an ordinance provision requiring Dimension Cable to provide a "fail-safe" method of scrambling channels not purchased by customers. Council Member Vasquez felt that the City should insist on the "fail-safe" provision. Council Member Jones concurred, stating that the definition of "obscene" is very broad and that the City was obligated to pursue some method able to protect innocent viewers. City Council Minutes 52 10/18/94 481 Council Discussion: ' The Council discussed whether to add language to the proposed Franchise Agreement and/or amend the draft Ordinance at this time that would provide a "fail-safe" method in scrambling channels not purchased by customers. Mr. Denhalter felt that the proposed City Ordinance would be the proper vehicle to address this technical issue and modifications could be included for the second reading of the Ordinance. Motion to Approve Franchise with Amendment Withdrawn: It was moved by Council Member Vasquez, seconded by Council Member Jones, that the Agreement between the City and Times Mirror Cable Television be approved extending the existing franchise contract for a five-year period, subject to a fail-safe protection method being devised against the Spice Channel for incorporation into the final reading of the Ordinance Mr. Marticorena noted there were two separate documents for Council consideration and stated it was not essential the ordinance be approved at this time. The ordinance was the appropriate document to deal with this issue, since it was not necessary to negotiate this issue with Dimension Cable, and resolution of the issue may not occur within the time remaining in the current franchise. The Franchise Extension Agreement presented for consideration contained the terms negotiated to date and had been approved by Dimension Cable. If that document is to be amended, it should be returned for further negotiation. ' In response to Mayor Cambpell, the City Attorney recommended that the Franchise Agreement be adopted at this time and that the Ordinance be modified to address the Council's concerns and brought back for a first reading at a later meeting. He felt it would be unfair to Dimension Cable to approve an additional provision in the contract without their prior review; that the City had the unilateral right to exert control through the Ordinance. It would require two votes to enter into the agreement and three to pass the Ordinance. Motion to Extend Franchise Withdrawn: Council Member Vasquez withdrew his motion and moved that the existing contract with Dimension Cable be extended for a period of thirty days so that both the Franchise Agreement and the Ordinance could be modified and brought back at the next meeting. Discussion ensued regarding whether the technical issues could be addressed within 30 days. The motion was subsequently withdrawn. Approval of Franchise Agreement with Dimension Cable: It was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously carried the Agreement between the City and Times Mirror Cable Television be approved extending the existing franchise contract for a five-year period. Staff was directed to modify the Ordinance to include a provision for a "fail-safe" method in scrambling channels not purchased by customers, to be brought back for a first and second reading, subject to the approval of the City Attorney. City Council Minutes -7- 10/18/94 IM • cul' :• I_ ►1 • :• I ►! :: : ► :_�1 ►1• I ►l MAW I (KINOSI-HTA SPORTS•0--• .0 • Proposal: Consideration of 1) a General Plan Amendment to amend the General Plan Land Use Map to delete the "5.3 partial development option" and designate the western area of Kinoshita Farm as "2.3P, proposed community park," and amending the text of the Land Use Element to reflect revisions in the Land Use Map; 2) a Rezone to revise the purpose and intent statement of the Specific Plan to recognize the combined uses of sports park and agriculture; 3) Capital Improvement Project 94-452 for the construction of the majority of the entire sports park, including design of the lighting for ball fields and the School District's plans for a new elementary school; and, 4) a Conditional Use Permit for the fixture construction of recreational lighting of the ball fields. Applicant City of San Juan Capistrano c/o Sharon Heider, Project Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communications: (1) Report dated October 18, 1994, from the Planning Director, recommending that all proposals be approved, subject to conditions recommended by staff, the Parks, Recreation and Equestrian Trail Commission; the Transportation Commission; the Design Review Committee; and, the Planning Commission. (2) Letter dated October 7, 1994, from Mr. and Mrs. Harry C. Schrey, 25881 Avenida Cabrillo, in support of the project as proposed and expressing concern regarding the potential for glare from the proposed recreational lighting. Exhibits were on display, and Mechelle Lawrence, Assistant Planner/Project Manager, made an oral presentation. She noted that conditions of approval had been modified to require plans for parking stalls for the Community Center to be submitted prior to the issuance of a Building Permit for the Community Center; and, to require a matte brown finish for the roof of the restroom/concession building, as recommended by the Planning Commission. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: City Council Minutes 8- 10/18/94 483 (1) Bill Sonka, on behalf of the Transportation Commission, noted that the Commission ' had recommended that the perpendicular parking along the main road through the Sports Parks be deleted to keep the road free for pedestrians and bicycles. He noted that the Planning Commission had discussed the idea of allowing bus parking instead of perpendicular parking along the road, which he stated would be opposed by the Transportation Commission since it would block views for motorists pulling out. Ms. Lawrence indicated that the perpendicular parking along the main road had been deleted from the currently proposed plans (Mitigation Measure No. 6(c)), and that no parallel parking for buses was proposed. (2) Jack Tarr, 27452 Calle Arroyo, on behalf of the AYSO, spoke in support of the proposed plans and expressed appreciation to the City. (3) Scott Schmidt, speaking on behalf of the YMCA, indicated the organization's interest in establishing a YMCA site in the new Community Center and suggested that the YMCA could conduct a fundraiser to accomplish this. (4) Jim Stebbens, 31681 Avenida Evita, expressed concern regarding safety of children on the proposed access road, and presented a letter suggesting ways to design the park and school complex that would keep vehicle circulation on the perimeter of the area. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Jones recommended that the lighting be brought back for Council review as an Architectural Control item. Mayor Campbell suggested that the joint use of the park/Marco Forster entry be re -addressed to determine whether there is a better solution. Adoption of Resolution Approving the Mitigated Negative Declaration_ Capital Improvement Project 94-452, General Plan Amendment 94 -01 - Rezone 94-01. and Conditional Use Permit 94-05 for the Kinoshita Farm Sports Park: It was moved by Council Member Jones, seconded by Council Member Vasquez, that the following Resolution be adopted, as amended by staff and with the additional condition requiring the specific lighting design and plans to be brought back for Council review: City Council Minutes -9- 10/18/94 RESOLUTION NO, 94-10-18-3. APPROVING MITIGATED NEGATIVE DECLARATION GENERAL PLAN ANENDMENT 94-1 REZONE 94-1 CONDITIONAL USE PERMIT 94-5 AND CAPITAL IMPROVEMENT PROJECT 94-456 (OPEN SPACE MASTER PLAN SPORTS PARK AT KINOSHITA FARM SITE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION; GENERAL PLAN AMENDMENT 94-1 AND REZONE 94-1, TO AMEND THE GENERAL PLAN TO COMPLY WITH THE OPEN SPACE MASTER PLAN AND MODIFY THE ADOPTED SPECIFIC PLAN 85-1; CONDITIONAL USE PERMIT 94-5 FOR DESIGN OF SPORTS FIELD LIGHTING; AND, CAPITAL IMPROVEMENT PROJECT 94452, FOR IMPROVEMENTS FOR THE SPORTS PARK AT THE KINOSHITA FARM SITE The motion carried by the following vote: AYES: Council Members Jones, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Members Hausdorfer and Nash •il`►M111�1:31I(N.I�l\ 71►[Hrr/M11QrIlll`.I�iK•7�1�1i1�11111'f7�I1J=Li ' ul_ Council Member Jones indicated he would abstain in this matter because of the proximity of his business/residence to the subject property. Mr. Denhalter advised that because of Council Member Jones' abstention, two votes were necessary to approve the proposed amendment. Proposal: Consideration of a request by Vaquero West Mercantile to amend their lease agreement with the Community Redevelopment Agency to provide for a monthly rent based on a percentage of gross sales with a fixed minimum rent, instead of on the current fixed lease payment system. The current lease provides for a fixed rent of $4,665 per month. The proposed Lease included a lease amount of $1,295 per month for the period of August 1, 1993 through January 31, 1994; $1,295 per month for the period of February 1, 1994 through June 30, 1994; 6% of gross sales for the period of July 1, 1994 through January 31, 1995; and, 6% of gross sales for the period of February 1, 1995 to April 6, 2002. The proposed lease amendment also set a fixed minimum base rent of $2,000 monthly, to be adjusted by 5% annually until April 6, 1996, at which time the fixed minimum rent would increase based on the Agency's increased cost under the Master Ground Lease. City Council Minutes 10- 10/18/94 485 Applicant: ' Tim Holsten Vaquero West Mercantile 26755 Verdugo Street San Juan Capistrano, CA 92675 Written Communication: Report dated October 18, 1994, from the Director of Administrative Services, recommending that the amended lease terms be approved as requested by the applicant and that the public hearing be continued to the meeting of November 1, 1994, for formal adoption of Lease Amendment 93. The report noted that permanent renovations totalling approximately $400,000 had been completed by Vaquero West without assistance from the Agency. Ms. Pendleton made an oral presentation. She noted that a provision for a resident manager for the second -floor overnight accommodations would be added to the lease at this time. Council Member Vasquez inquired about the percentage of reduction between the proposed lease and the current lease. Ms. Pendleton indicated that there would be about a 50% reduction in the lease under the existing terms, and about a 15-20% reduction in 1996. She estimated that the lease payments would eventually increase to $3,000 per month. She noted that the rate for the proposed lease would be $.67 per square foot, and that Vaquero West is completely responsible for the maintenance of the facility. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) Carmen Etcheberria Dague, 31262 Calle San Juan, expressed concern regarding the potential for the building being demolished if it were leased out and requested that she be informed of any such plans. Council Discussion: Council Member Vasquez stated that the terms of the original agreement between Vaquero West and the CRA stipulated that all revisions and modifications were to be at the sole cost of the tenant. He felt the City/Agency was paying for the building modifications by changing the terms of the lease and reducing the rent. He felt that the City/Agency should continue to charge a straight rental payment and not request a percentage of the gross sales; therefore, he would not approve the staff recommendation. In response to Mayor Campbell, Mr. Denhalter recommended that because of Council Member Jones' abstention and the apparent lack of votes needed to approve the lease amendment, the heating be continued. He noted that Council Member Jones may participate in the vote to continue the hearing. City Council Minutes 11- 10/18/94 1FIR Continuation of Public Hearing: It was moved by Mayor Campbell, seconded by Council Member Jones, that the public hearing be continued to the meeting of November 1, 1994. The motion carried with Council Member Vasquez voting in opposition. RECESS AND RECONVENE Council recessed at 8:30 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:31 p.m. 1061IR4V►L CITY MANAGER /I ;i11111111KI1911110AW W0111111610151111_11 10 • s .1 M Wifie ' 1 11: 1 1 013"4124INIgLeasi o R1 011 3) RIM Written Communication: Report dated October 18, 1994, from the City Manager, advising that Municipal Code Section 5-3.02 prohibits drinking of alcoholic beverages in public, and forwarding a draft City Council Policy outlining conditions under which exemptions could be granted. The Policy includes a limit on the number of drinks that could be served to a customer at one time, a restriction on the size of cups, and a time for termination of sales or service prior to the close of the event. Comments on Draft Policy and Referral to Parks. Recreation. and Equestrian Trails Commission: It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously carried that the draft City Council Policy be forwarded to the Parks, Recreation, and Equestrian Trail Commission, with the additional provision that the City Council be informed via the Consent Calendar of all public events receiving exemptions. "Nxeilj W1 612101' U Re) WINT111 NTGJ; : 91VIII: MW IV 01 Is I MoI '�•'1 1 1UIUI1\I � C ,1►1 .I '1, ::, .11 1 Written Communication: Report dated October 18, 1994, from the Director of Engineering and Building, recommending that Request for Proposal process be initiated and the fifteen architectural firms fisted in the Report approved for the design of the new Community City, and requesting direction as to the level of involvement by the Council in the selection process. City Council Minutes -12- 10/18/94 �1 J Sharon Heider, Open Space Project Manager, indicated that the Requests for Proposal would be mailed to the firms fisted in the Report this week, with a deadline of November 30, 1994. Final selection would be tentatively scheduled for the January 17, 1995, Council meeting. Mayor Campbell and Council Member Vasquez indicated their desire to participate in the selection process. It was generally agreed that a Council ad hoc committee would not be necessary in this case since Council Member Vasquez would not officially be a Council Member by the time the interview process began. Approval of the Request for Proposal. Initiation of Selection Process. and List of Architectural Firms: It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously carried that the Request for Proposal and list of architectural firms be approved and the selection process initiated for the design of the new Community Center. '• .:u ul_: J: ''� Written Communications: (1) Report dated October 18, 1994, from the Director of Engineering and Building, recommending that requests for funding be approved from the Orange County Combined Transportation Funding Program for the design and/or construction of twelve different projects. (2) Revised draft Resolution. Adoption of Resolution Approving Requests for Funding from the Orange County Combined Transportation Funding Prog[arn: It was moved by Council Member Jones, seconded by Council Member Vasquez, that the following Resolution be adopted: RESOLUTION NO. 94-10-18-4 - APPROVING SUBMITTAL OF 12 FUNDING PROGRAM (MEASURE M) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF TWELVE IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM The motion carried by the following vote: City Council Minutes -13- 10/18/94 487 AYES: Council Members Jones, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Members Hausdorfer and Nash EAST OF • VIEJO ROAD. CAPITAL IMPROVEMENT PROJECTNO. (670,40) Mayor Campbell had announced earlier in the meeting that this item would be continued due to the absence of two Council Members and the legal requirement for four affirmative votes to initiate eminent domain proceedings. Written Communication: Report dated October 18, 1994, from the Director of Engineering and Building, recommending that the draft Resolution be adopted initiating eminent domain proceedings to obtain two easements from Mr. and Mrs. Melvin Rosenbaum, owners of property located between Rosenbaum Road and Trabuco Creek, to complete a storm drain project prior to winter rains. Continuation of Item: It was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously carried that this item be continued to the meeting of November 1, 1994. Written Communication: Report dated October 18, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 4, 1994, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Vasquez, that the following Ordinance be adopted: City Council Minutes 14- 10/18/94 489 ORDINANCE NO, 753. AMENDMENT TO TITLE 4 OF THE ' MUNICIPAL CODE - REGULATION OF VENDORS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 7 OF TITLE 4, VENDOR REGULATIONS, OF THE MUNICIPAL CODE RELATING TO STANDARDS AND REGULATIONS ON THE CONDUCT OF VENDING IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Council Members Jones, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Members Hausdorfer and Nash OFF -AGENDA ITEM [glut-1k6j;A111 •• •,� Finding for Consideration of Off -Agenda Item: ' It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Written Communication: Report dated October 18, 1994, from the City Manager, recommending that the request by St. Margaret's of Scotland Episcopal School be approved to place a banner within the public right-of-way at the intersection of Del Obispo Street and Camino Capistrano to advertise their flea market on November 12, 1994. Adoption of Resolution Approving Placement of Banner: It was moved by Council Member Jones, seconded by Council Member Vasquez, that the following Resolution be adopted: 94-10-18-5. AUTHORIZING PLA MARKET FUND RAISER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PLACEMENT OF BANNERS WITHIN THE PUBLIC RIGHT-OF-WAY FOR ST. MARGARET'S EPISCOPAL SCHOOL FLEA MARKET FUND RAISER, SUBJECT TO THE PROVISIONS OF I SECTION 9-3.603(f)(15) OF THE CITY'S MUNICIPAL CODE City Council Minutes -15- 10/18/94 MCI The motion carried by the following vote: AYES: Council Members Jones, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Members Hausdorfer and Nash pillejawl PaxwKwilIt*m Lei 141413-w"Weis a. League of California Cities (140.20) Council Member Jones noted that he would represent the City and vote at the League's Annual Conference on October 23-25, 1994. �QxljawwkljWu None. Council recessed to a Closed Session at 8:50 p.m. for: License/Permit Determination per Government Code Section 54956.7, with one applicant; 2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b) for significant exposure to litigation in one case, and per Government Code Section 54956.9(c), for the initiation of litigation in one case; and 3. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, representing Management and Classified Employees. The City Clerk was excused therefrom, and the meeting reconvened at 9:20 p.m. Mr. Denhalter advised there was no action to report on any of the items. City Council Minutes 16- 10/18/94 "U111utiodola N ' There being no further business before the Council, the meeting was adjourned at 9:20 p.m. to the next regular meeting date of Tuesday, November 1, 1994, at 7:00 p.m. in the City Council Chamber. 1 ATTEST: i qAMPBErL, MAYOR Respectfully submitted L /-= , F City Council Minutes -17- 10/18/94 W011